【求助】一份资料帮我翻译一下。谢谢

liushanfa

2007/10/30

私聊

专业英语

赏
悬赏金额:50积分状态:已解决

AGREEMENT RELATING TO THE USE OF THE CIBA BRAN
Contents
目录
1. license grant
2. use of the brand 商标的使用
3. proprietary Rights 所有权
4. assignment and amendment
5. territory
6. infringement warranty, and liability
7. term and termination 期限和终止
8. law and venue 法定地点

WHEREAS,鉴于
(A) Ciba is the beneficial owner of the Ciba brand; and
(B) Partner requests the right to use the Ciba brand on the [goods] containing Ciba’s [products] sold by Partner (the “Produces”).Ciba authorizes such use under the following terms and conditions.
NOW, THEREFORE, it is agrees as set out hereinafter:
1. License Grant
1.1 Ciba as the beneficial owner of the Ciba brand(“Brand”) hereby grants Partner a royalty-free, non-exclusive license (without the right to sublicense) to use the Brand, as shown in the Attachment1, within the Territory, as defined in paragraph5. The Brand consists of the combination of the word “Ciba”, the device “butterfly” and the benefit statement “[Effect benefit by]”. It may not be separated nor may the components be used separately. The Brand must be used as supplied by Ciba as a template. It may not be altered in shape, color, relation of word and device or any other aspect.
1.2 The license granted in paragraph 1.1 is restricted to the use of the Brand on [goods] containing [products] purchased from Ciba (“Products”), as listed in Attachment 2, and in all media (e.g. promotional literature, advertising, Internet) intending to promote the sale of the Products, provided that the provisions of paragraph 2 are observed.
2. Use of the Brand
2.1 Both parties agree that Partner shall market the Products covered by this Agreement under its own trademark and name and use the Ciba Brand as reference to Ciba as the supplier of [products]. Any reference to Ciba products and ingredients shall clearly show that Ciba is not the producer of the finished product but the supplier of certain of its ingredients.
2.2 Partner shall use the Brand in strict compliance with Ciba’s directions as to the reproduction, format, type and color schemes. Partner agrees to strictly respect and adhere to the Technical Performance Specifications attached hereto in Attachment3. The Brand consisting of the word “Ciba ”, the device “butterfly” [and the benefit statement “[Effect benefit by]”] shall not be separated and shall always be presented as shown in Attachment 1. It shall be used clearly apart from Partner’s own trademarks. Partner shall submit all documents, materials and websites, which show the intended use of the Brand, to Ciba for approval prior to their use and Ciba shall have the right to audit such documents any time. (If Partner uses the Brand on its website, Partner shall strictly comply with the Internet Identity Guidelines as specified in Attachment 4.)
3. Proprietary Rights
Partner herewith acknowledges and agrees that by using the Brand, Partner does not and shall not be deemed to acquire at any time hereafter (whether by lapse of time or on payment of any money or otherwise howsoever) any right, title or interest in and to the Brand in any language, script or alphabet. Partner agrees during the term of this Agreement and thereafter not to use or employ any names, words, letters, expressions or devices closely similar in shape, color or appearance to the Brand as may likely cause confusion or to detract from or adversely affect the right, title or interest of Ciba therein or thereto.
4. Assignment and Amendment
4.1 Partner shall not assign, sub-license or transfer this Agreement or any of its rights granted hereunder to any third party without the prior written consent of Ciba.
4.2 This agreements shall only be modified in writing by a document signed and executed by both parties.
5. Territory
This Agreement authorizes and obliges Partner to use and apply the Brand as defined in this Agreement on a [world-wide] basis with the exception of […..and] any country or jurisdiction where the promotion or sale of Products is not authorized by applicable law (the “Territory”).
6. Infringement, Warranty, and Liability
6.1 It is the obligation of Partner to comply, in using the rights resulting from this Agreement, with the local legal situation in each country where the Products are sold. Ciba warrants that it is the beneficial owner of its trademarks (the legal owner of the trademarks is Ciba Specialty Chemicals Holding Inc.) herein but does not guarantee that use of such trademarks is free of any true or alleged infringement of third parties’ rights. Ciba shall not be liable if the Brand should be canceled or become invalid. Ciba will handle any disputes concerning Ciba trademarks rights. Ciba may, at its own discretion, abandon or cancel or refrain from renewing the Brand. In this case, Ciba shall inform the Partner accordingly. Partner may not claim any compensation in such a case.
6.2 Except as stated in paragraph 6.1, all warranties, express or implied, are expressly excluded. In no event shall Ciba be liable to Partner for any damages, including but not limited to, claims for loss of goodwill, loss of business or profit, or for any other claims, whether under contract, tort or otherwise relating to the use of the Brand.
7. term and termination
7.1 This Agreement shall come into force on the date of signing by both Ciba and partner. Either party shall be entitled to terminate this agreement at any time by giving the other party thirty (30) days notice in writing. In the event partner commits a material breach of its obligations under this agreement, Ciba may terminate this agreement with immediate effect.
7.2 Upon termination of this agreement, partner shall as soon thereafter as possible but in any event no later than sixty (60) days from termination:
a) Discontinue altogether the use of the brand in any language, script or alphabet;
b) Change or procure the change of its trading style in such a manner as to delete or omit therefrom the brand;

jinououou 2007/10/31

Use of the Brand 牌子的使用 2.1 Both parties agree that Partner shall market the Products covered by this Agreement under its own trademark and name and use the Ciba Brand as reference to Ciba as the supplier of [products]. Any reference to Ciba products and ingredients shall clearly show that Ciba is not the producer of the finished product but the supplier of certain of its ingredients. 在双方同意的基础上销售商品，用自己的商标和名称，用汽巴作为供应商的牌子，任何对汽巴产品和原料的参照应当明确指示出汽巴不是最终产品，只是原料的供应商。 2.2 Partner shall use the Brand in strict compliance with Ciba’s directions as to the reproduction, format, type and color schemes. Partner agrees to strictly respect and adhere to the Technical Performance Specifications attached hereto in Attachment3. The Brand consisting of the word “Ciba ”, the device “butterfly” [and the benefit statement “[Effect benefit by]”] shall not be separated and shall always be presented as shown in Attachment 1. It shall be used clearly apart from Partner’s own trademarks. Partner shall submit all documents, materials and websites, which show the intended use of the Brand, to Ciba for approval prior to their use and Ciba shall have the right to audit such documents any time. (If Partner uses the Brand on its website, Partner shall strictly comply with the Internet Identity Guidelines as specified in Attachment 4.) 合作人在使用汽巴的牌子时应当严格遵从汽巴在再生产，形式，形状和颜色方面的使用说明，合作人同意严格遵从在附件3中的技术性能和参数，这个牌子包括单词“ciba”，设施butterfly，如附件1所示，不能分开使用，应当和合作人的商标明确区分，合作人应当提供文件，物质和网址来显示牌子的用途，汽巴预先同意这中用途，汽巴有权利随时审查这些文件（ 3. Proprietary Rights 设施

何当奇 2007/10/30

希望楼主先帖子你的翻译，然后大家可以一起讨论

happyjyl 2007/10/30

[quote]原文由 [B]liushanfa[/B] 发表: 这个真的不好翻译。。很多多不懂，能不能建议用什么翻译工具啊？[/quote] 与其借助翻译工具，不如先看相关的中英文文献。免费的翻译工具都是垃圾，能给你翻得牛头不对马嘴；像雅信、Trados之类的翻译工具也是需要词库的，而且是针对已经掌握专业英语的翻译人员的。请楼主说一下这篇文章的背景，至少说一下CIBA是一个公司名还是什么。你可以多参考下关于商标的英语合同。

nanfangzheng 2007/10/30

http://bbs.sxu.edu.cn/cgi-bin/cgincce?w= 专业英汉，救急用的 http://www.abab123.com/bbs/down.asp?html=706812 这个可以从根本上解决问题[em0703]